Tenant does not let landlord in to inspect property

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    #16
    I would get other tenants into those other rooms as soon as possible. And ignore his restriction on entering - it is bull.

    Comment


      #17
      I just wanted to verify a couple of things:

      1. Each of the tenants had an individual room only tenancy and not a joint tenancy?

      2. You have not at any time sent him a tenancy agreement for the whole property or a note that could be construed as an offer of a tenancy on the whole property for a given rent, which he has paid?

      Comment


        #18
        I am very upset with his behaviour, he knows my offer so he should reply clearly if he wants to rent the whole house if he can afford it or accept my notice. Telling me he is waiting for his passpoer is not my problem I told him solution so he knows options. I can not let him live up to 6 months and paying for room only what will not cover even all bills.
        For me it is selfish from his side he keeps paying for room only so he is aware I am allowed to enter house without his permision as I used to do so far. I know people have problems so it is point to talk about that not to play this way. I gave him 1 month notice so is enough to sort it out I belive he is confortable with the whole situation and thought he could live on his own or what the best with his wife and paying for room only, that is how I see it.

        Council issued licence with rules and he breakes the rules so I told council about it besides council is allowed to inspect the rented property so can do it. They arrangeg inspection in 3 weeks time as tenant could do it at that time, Not sure why he needs to be over the inspection time I told council they can do it even tomorrow but I can not access property as he locked the door bit happy to hire locksmith they left it without comments. Previously I had situation one of the tenants report to council some problem and they contacted me to inspect property, now thet contacted tenant. Previousle was problem with landlord so was easy to blame landlord and give him penalty etc if needed (I did not get it), now is problem with tenant so is not si easy as tenant is always right?
        The whole situation let me to play the same was he does. Around last 6 months he kept paying me cash (assume he got hand money) so can say he is arrears to use right grant of section 8 to get rid of him he if plays this way. We are only in landlord-tenant relationship and as fars as we follow rules we agreed all should go painless and smoothly but it does not look like that. I had some problems with tenants before but not as big as this. From my poit of view he thinks he has the right to stay cos of his personal problem. He also has other IDs like permit to work in UK what should be enough to rent other accomodation etc, but as I said I gave him solution and if he is not happy with it could say and we could negotiated not to play upset.
        I am now confused and may think not clearly I think I follow the rules he does not am I right?

        Comment


          #19


          1. Each of the tenants had an individual room only tenancy and not a joint tenancy?

          Yes they met in the house and they had tenancy for room only not joint tenancy.

          2. You have not at any time sent him a tenancy agreement for the whole property or a note that could be construed as an offer of a tenancy on the whole property for a given rent, which he has paid?

          No, I gave him 1 months notice and he told me he would not move out so I said to him to rent the whole property after 1 month notice what is fair enough I believe, not sure if he can afford it. As said recently he paid me cash so assume he gets cash too. I checked similar property price around and suggested weekly rent around 3.5 times more then his current rent. It all was said verbally only or by txt. At this moment out old agreement is in force only.

          Comment


            #20
            Originally posted by Vic123 View Post

            ......................
            No, I gave him 1 months notice and he told me he would not move out so I said to him to rent the whole property after 1 month notice what is fair enough I believe, not sure if he can afford it. As said recently he paid me cash so assume he gets cash too. I checked similar property price around and suggested weekly rent around 3.5 times more then his current rent. It all was said verbally only or by txt. At this moment out old agreement is in force only.
            A tenancy in England does not have to be written, verbal is fine: Legal! (Bonkers also!!).

            I think tenant may have grounds for asserting you've agreed a new tenancy.

            Has he paid the new rent at 3.5x old rent?? Is there are rent book or do you provide receipts for cash paid for rent, please?

            On what frequency is rent paid? - you mention weekly rent. Weekly, 4-weekly, monthly???

            Incidentally, you state you gave him 1 month notice: S8 or S21 or some other form of notice, please?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #21
              Vic123 why should the tenant ‘accept’ your notice if a) it is not convenient for him to do so and b) it’s invalid because you didn’t fulfil all your legal obligation as a landlord?

              Is the tenant being a PITA? Yes but you have essentially locked, loaded, taken aim at your own foot and pulled the trigger by taking a deposit and not protecting it.

              Comment


                #22
                I offered him renting the whole house and he did not confirm but did not deny either but paid for room only, besides offer was supposed to be after notice expired what is pending now. I can do it right now. Verbal agreement needs to be agreed by 2 sides too. He pays weekly, sometimes pays ahead few weeks when has more cash. It was not eviction notice, I can not do s21 based on above and I do not have strong s8 ground to do it. I gave him normal notice to move out as our contract terminated.
                Anyway it is clear now after I agreed house inspection with him and went as agreed with my mate who is gas engineer to do inspection he did not let us in. Firstly he told me I can enter on my own only as I did not tell him I would bring someone with me after my friend left he did not let me in either. He called police and told them I harassed him. I was surprised they came not sure why. they spoke with him as he was very emotional telling them I pushed him to get in (I did not evet touch him, by the way he is double my size), police calmed him down and agreed appointment between us following day, not sure why I agreed as today was the agreed day so he wasted my time, besides what reason he had not to do it today. I, him and house were in the same place at the same time? I will go tomorrow then anyway but this cleared everything for me. He will not leave then after notice expires.

                @DoricPixie, we have rolling contract for 2 weeks so contract expires so his conveniences has nothing to do with, it will not be convinient for him for another 6 months. If he send his passport to HO and knew he would not get it within 6 months he should push me to sign new contract for 6 months. It is not convenient either for me he stays. I follow the rules we agreed

                What obligation you mean? He was one of the flatmates friend and i did favour to him to let him move in as he was in emergency (I believe some tougher landlord got rid of him) as moved within days I did not even queried why assumed tenant friend will be fine. My mistake I should have interviewed him firstly. but anyway would not help too much.

                Comment


                  #23

                  I’m not sure what it is you are not getting. You are the agent of your own demise here. Not interviewing the tenant was foolish but your real mistake is being sloppy and not doing things by the book like protecting the tenant’s deposit. Do you know that he can sue you for up to 3 times the value of the deposit for that oversight as well as using it to fight a Section 21 notice?

                  The tenant doesn’t want to accept the offer to rent the whole property. He just wants to pay the rent for a room and no his contract hasn’t expired it simply became periodic. Your inconvenience is not the tenant’s problem!

                  Strongly suggest you join NRLA and do some training courses.

                  Comment


                    #24
                    DoricPixie
                    I think will joinn NRLA as I really do not get it. I asked tenant when he was moving in how long he wants to live in, he did not know so i suggested rolling contract with notice as long as contract from either side. He was happy I gave him double notice period what we agreed as per book and he is not happy. He knew I would like my property anytime so can give him a notice to move.out.
                    He gave me £150 as deposit so I can give him back £450 it is not a problem if I broke rules. I will pay for it as per book.
                    So as it is not convenient for him within next 50 years I can not get my property back cos he is tenant and he is always right and I am landlord and always need to pleased tenant even if he does not want me to enter the property and check if everything is OK. I went there today as agreed with him and police and he told me straight , if you want me out take me to the court'
                    This is my house I used to live in and want it back to live in again it is so simple for me. He was my tenant for certain period and in a month time we are strangers again..

                    Comment


                      #25
                      Your contractual notice period was 2 weeks. You can’t set contractual terms that over-ride a tenant’s statutory rights and the tenant would be entitled to 2 months notice.

                      You haven’t done things by the book and that is why you find yourself in the situation you are in.

                      Comment


                        #26
                        Vic123 is not listening . . .

                        Comment


                          #27
                          My point is we had agreement with tenants and he does not keep it. If statutory 2 months notice is above our agreement I can do it but the thing is he does not want to move out at all. He loves living there and suits him. I do not think he is aware of all what was said he just do not think he should move out for any reason. He thinks hs is tenant of the property for life. He has been living there for 4 years and is happy so what is the point to change it. Keep his happiness live. Is it not selfish?
                          Our landlord-tenant relationship till I gave him notice was OK I had some minor issues what was cleared between us but nothing serious and he turned 180 deg against me after notice given. It was not notice against him as person just I want my house back. He said ,..after all I did to you you want me out' I do not recollect anything he did to me at all, called me couple time if something broke or was some problem with other tenant, all others did too, it is tenants ,job' to report such things.
                          I would have kept HMO going if other 3 tenants had not gone but it was good timing for me to finish it. I believe 3 others moved out cos of him and rented out new flat together. He thought he was a boss as had lived longest..

                          The problem is not with some things I do not right as may be not aware of it but with his attitude. Regardless all was perfect from my side as per book it would not change his behaviour. I do not believe when he gets his passport even in 6 months he goes, he thinks the house and him belong together.

                          Comment


                            #28
                            The problem IS that you didn’t do some things right and he may be a tenant for life because you didn’t do sone things right and now I am out because this is like Groundhog Day.

                            Comment


                              #29
                              DoricPixie thanks.
                              I do not deny I did everything as per book as said If I had done he would not have behaved differently. I believe he is mental, he had some plan in his head and I completely destroyed it by giving him notice.
                              I believe I need to carry on HMO then till he is gone what can be long time.
                              I will write to him. As he did not accept my offer to rent the whole property and do not have intension to move out I will rent out other rooms as previously. It ruins my plan then. i will rent other property for myself then.
                              I agreed house inspection with council so he needs let them in if not police will force on him that.

                              Comment

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